(A) The city shall create an enforcement agency consisting of the Mayor, the Municipal Engineer or Building Inspector and one member at large, to be selected by and to serve at the will and pleasure of the Mayor. The ranking Health Officer and Fire Chief shall serve as ex officio members of such enforcement agency. It shall be the duty of the enforcement agency to cause inspections to be made from time to time within the city to determine whether any dwellings or other buildings are unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or any other conditions, whether the building is currently occupied or not. Any entrance upon private premises for the purpose of making examinations to aid in the enforcement of this section shall be made in such a manner as to cause the least possible inconvenience to persons in possession; provided, that this section shall not be construed as purporting to authorize an unreasonable search and seizure prohibited by § 6, Article III of the State Constitution.
(B) The owner or owners of any dwelling or building under determination of the State Fire Marshal, as provided in W. Va. Code 15A-11-5, as amended, or under order of the city’s enforcement agency, shall pay for the costs of repairing, altering or improving, or of vacating and closing, removing or demolishing any dwelling or building. The city shall also have the right to file a lien against the real property in question for an amount not to exceed the assessed value of the property as recorded in the office of the County Assessor, or to institute a civil action in a court of competent jurisdiction against the landowner or other responsible party for all costs incurred by the city with respect to the property and for reasonable attorney fees and court costs incurred in the prosecution of the action.
(C) Not less than ten days prior to instituting a civil action as provided for in this section, the City Council shall send notice to the landowner by certified mail, return receipt requested, advising the landowner of the City Council’s intention to institute such action. The notice shall be sent to the most recent address of the landowner of record in the office of the Assessor of the county where the subject property is located. If, for any reason, the notice is returned without evidence of proper receipt, then in such event, the City Council shall cause a legal advertisement to be published once a week for three successive weeks in a newspaper of general circulation in the county wherein the subject property is located and shall post notice on the front door or other conspicuous location on the subject property.
(D) In the event any landowner desires to contest any demand brought forth pursuant to this section, the landowner may seek relief in a court of competent jurisdiction. The landowner shall have the right to apply to the Circuit Court for a temporary injunction restraining the enforcement agency pending final disposition of the cause. In the event such application is made, a hearing thereon shall be had within 20 days, or as soon thereafter as possible, and the court shall enter such final order or decree as the law and justice may require.
(E) All orders issued by the city’s enforcement agency shall be served in accordance with the law of this state concerning the service of process in civil actions, and shall, in addition thereto, be posted in a conspicuous place on the premises affected by the complaint or order.
(Prior Code, § 1129.11) (Ord. 01-11, passed 9-18-2001)